COURT ORDEAL WORTH IT FOR AFFIRMING THE STRENGTH OF THE FIRST AMENDMENT … PLANET SHARES ‘LETTERS TO THE EDITOR’ ON ‘NILAN v. VALENTI’ … plus … QUICK HITS AND HOT LICKS TAKES UP A BUNCH OF LOCAL (LOCO) ISSUES
By DAN VALENTI
PLANET VALENTI News and Commentary
(FORTRESS OF SOLITUDE, MONDAY, JULY 16, 2012) — The preponderance of media coverage in Nilan v. Valenti focused almost exclusively on application of The First Amendment, particularly as it relates to cyberspace.
The First Amendment guarantees five freedoms to citizens of the nation:
* Freedom of Religion
* Freedom of Assembly
* Freedom to Petition the Government
* Freedom of Speech
* Freedom of the Press
America considers these right unalienable. We are born with them. No human being grants them or can take them away. Free speech covers all Americans. Free press applies to working journalists and their readers or audiences. The press must be free to cover stories fearlessly. The receivers of the message must be free to choose (or not) to accept the message. Journalists are therefore twice blessed, like mercy: We are covered by two constitutional freedoms.
The First Amendment is a Little Stronger Today
Rights are not privileges. They cannot be revoked, except under the most extreme situations. Nothing in THE PLANET‘s coverage of the Nilan-Moore Case came or comes close to “extreme.” We uncovered facts, reached reasonable conclusions, and offered commentary — only this, and nothing more. The courts, in agreeing with us, cast a decision that strengthens First Amendment rights. That alone made the ordeal well worth it from THE PLANET point of view.
Nilan v. Valenti received a boatload of nationwide publicity, and — as many observers have pointed out — gave new life to a case that had pretty much receded from the local agenda. Now, as a consequence of her actions against us, Nilan has exposed her behavior to the nation. We did not, nor would we, wish that on the woman, but it was she, not us, who decided to take it to court. The aftermath has been entirely of her own misguided instigation.
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LETTERS TO THE EDITOR
THE PLANET now shares some of the many “letters” that have come in since our win in court. We want to thank everyone who sent us their good wishes and congratulations. The thoughtfulness, care, concern, and sharing in our experience meant a great deal to us.
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Still Many Questions
Hey Dan.
Meredith Nilan's vehicle after she stuck and nearly killed Peter Moore. Head-size hole can be seen nearly in front of the driver position.
If memory serves me, both the jogger and the vehicle were reportedly headed toward East street and he was running toward on coming traffic. So if he was struck from behind it would indicate that the vehicle was on the wrong side of the street nearing a busy intersection. That’s not good.
Hi Dan,
Just wanted to send my congratulations on the resolution of your court case today. I may never agree with you on anything ever again, but I’m truly happy that you have the opportunity to voice your disagreement.
I hope you had a chance to celebrate accordingly. You defended freedom, and that’s no small thing to celebrate.
Thank you for everything you did. I know there must’ve been a few harrowing moments along the way, and I do appreciate that. Best — Walt
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‘What a Travesty’
Congrats on regaining your 1st Amendment rights back. What a travesty — vbator
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‘Outrageous’ Claim
Congrats, Dan! This is America, and by the way, I’ve never seen such entitlement by the Old Boy’s Club. I mean, I’ve seen a whole bunch, but this claim by Meredith Nilan was outrageous. If you don’t want to be in the newspaper, don’t run over someone with your car, Sweetheart! — Jenny
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‘I’m Gonna Start Reading Your Blog’
Why oh why does the Eagle post a back-on photo of Nilan but has you full face? When women make false accusations, the press have this idiotic sense of protection but when men, such as you, are the victims of false accusations, they don’t care.
Judge Bethzaida Sanabria-Vega is an example of why affirmative action appointments and hiring are wrong. Let’s go back to hiring and appointing based on qualifications without regard to ethnicity. Just so ya know, I grew up in the 60s and remember the ethnic horror and murders that happened in those days. I am a liberal. I am overjoyed that we have a black president. But he is president not because he is black but because he has the kick-ass intelligence and ambition to have achieved what he has. Our affirmative action Prez might be some moron like Jesse Jackson or Al Sharpton (remember Twana Brawley?).
THE PLANET prepares prior to Monday, July 9, 2012's successful court appearance. (Photo Ben Garver, Berkshire Eagle)
I never ran across you, don’t know you, but I’m gonna start reading your blog. If nothing else good comes outa this, you have gotten some serious attention that, hopefully, will turn into some bucks. There is one thing liberals and conservatives often agree on and that is the First Amendment.
Blog On Dood…Congrats.
P.S. — Mom graduated from Berkshire Medical as a nurse in 1940. Dad graduated from Adams High. I grew up in Enfield CT but my roots are where you are (and Vermont). I did industrial sales in that area when GE supported all those mom and pop machine shops. Grand Parents were members of the Stanley Club. In Bennington I met GE’s former chief pilot. Those days are lost :-
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Congrats, Dan. I loved how the gag order forced the BB to defend you. — Mike
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‘Keep Fighting the Good Fight’
I’m not surprised, but glad to see you handed the a55holes their a55. No one heard of Meredith Nilan outside of the town until you covered it, now she’s national news. They were even talking about you on the Local SC AM station – keep fighting the good fight man! — William
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All of Us are Winners Here
Congratulations, Dan, a great win. Once before you said that you were a banjo hitter. In this championship game you hit a tape measure home run. I am very happy for you – and for the rest of us. All of us are winners here. — Chuck
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Again, THE PLANET thanks everyone.
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QUICK HITS AND HOT LICKS
MALICE IN THE PALACE– In addition to being the title of one of THE PLANET’s
They put up a parking lot: Palace Theater in its last days (Photo by Dan Valenti (c) PLANET VALENTI)
favorite Three Stooges shorts, it could also cap the North Street parcel up for sale for $399,000. The site of the former Palace Theater — now home to an ugly parking lot (are their any other kind?) between The Shipton Building (our former home for 24 years) and BBE Office Supplies — sits as a missing tooth in a decaying smile along North’s milkly and littery way. The lot is being billed as the “rare opportunity to own the last vacant parcel on North Street. Frontage on North Street and Rennie Avenue.” THE STOOLEY has chimed in on this matter. He thinks it would be the perfect place for either a methadone clinic or another social service agency, in keeping with the current flavor and feel of the downtown.
BY THE LIGHT OF THE SILVERY LAKE — The alleged clean-up of Silver Lake begins this week. The remediation project is expected to take two years. First part of the job will be to remove polluted soil and material from the banks of the lake. No word to otherwise on the proposed capping of the lake bottom as opposed to the removal of a century of some of the heaviest industrial pollution a 26-acre lake could be forced to endure. Someone with knowledge out there tell us: If they cap the junk that rests five feet deep on the lake bottom, what’s to prevent the hazardous materials from leeching out from down below and into the aquifer and water table that makes up the underground water system? Is there a foolproof provision for that in the clean-up? Does GE and the EPA mean to tell us that a cap will work, in perpetuity? Once the so-called clean-up is done, will people be able to use the lake for recreation? Who has the science on this?
THEY SAID IT WAS SO (BUT THEY DIDN’T SIGN A THING) — The PEDA executive board voted 4-0 last week to sign a contract that will allow CSX Railroad to tear down the Woodlawn Avenue rail bridge. All well and good, except for two things. (1) The PEDA board consists of seven members. Where were the other three? Mayor Dan Bianchi, Mike Matthews, George Whaling, and Mick Callahan voted. Gary Grunin, Christina Barrett, and Beth Mitchell took a powder. What message does that send when 43% of the board doesn’t participate in a decision that could lead to a mess, and do citizens want important decisions to be made with only a quorum but without full participation?
That brings us to point 2: If the bridge comes down, how will Mary Jane and Joe Kapanski ever be able to drive their 2001 Ford Focus from East Street to Tyler Street without having to take the long circle route around the lake? The answer comes the from state. They state has “promised” PEDA that it will provide the money to rebuild the bridge. They didn’t put it in writing, though. That, however, was good enough for PEDA. Check this quote from PEDA executive director Corydon Thurston, given to my good friend and colleague Tony Dobrowolski: “The bottom line is we have received verbal assurance that construction of the bridge is a top priority when funding is most likely to be available.” Uh oh.
That’s the bottom line, Corydon?
We thought “bottom line” was “the ink stains dried upon some line” of a contract. Look at what Corydon has just said: He has a word, not paper, that the state will be rebuilding the bridge. Fine. When will they be rebuilding the bridge? “[W]hen funding is likely to be available.” And when will that be? Corydon “hoped” by FY14. His “hope” was verbal, too. He did not put it in writing. The Amateur Hour continues. Left out of the discussion is a rather obvious question: Why does CSX want to tear down the bridge in the first place? Is it dilapidated? Is it, like London Bridge, falling down? We don’t know.
ENHANCED INTERROGATION TECHNIQUES FOR SYNTAX — In the July 4 issue of Berkshire Business News, the house organ of the Berkshire Chamber of Commerce, chamber head Mike Supranowicz gushes over the job he and his people did in Washington, D.C. meeting with our reps in Congress. He writes, “Then we layered in that our region has also built upon the creative economy’s impact with Berkshire Creative, an organization that stimulates economic opportunity by sparking innovative collaborations between artists, designers, cultural attractions, and businesses.”
Come again? “Then we layered in that …”?? We have not seen such a creative butchering of a verb since King Kong grunted declensions for Fay Wray. Read Supranowicz’s blubbery sentence again. What does it mean? What is he trying to says? Answer: He doesn’t know. That’s what’s going on when a person has nothing to say: He says it with a bunch of mush and gobbledy gook. THE PLANET only wonders: Did Supranowicz write the article himself or did he have his flack do it? If he did it himself, he should start farming out the prose. If he had this ghost-written, he needs to call an exorcist.
BEEPERS SANS BEVERAGES — In the same issue of the Chamber’s rag, we see on page 11 the “BYP Out and About” page. We see in the photos the smiling and scrubbed faces of Jonathan Schwartz, Jackie Dolan, Michelle Lillie, Craig Kahn, Brad Felix, Allison Choiniere, Ron Kelly, Harry Beron,Cheryl Martin, Celisha Racicot, Lyn Clements, Jena Messana, Eric Pizani, Nathan Girard, Amanda Hale, Bernie Klem, April Gardner, Heather Marshall, Jennifer Bushika, Allison Cook, Erlinda Shatney, and Rebecca Sayers, all up-and-comers, we are sure. They are pictured at the BEEPERS’ gathering at Mazzeo’s Ristorante on June 6. Amazingly, with all these people, at a venue that serves alcohol, not one drink is pictured! Now why do you suppose that is the case? Haven’t they heard: It’s summer. One must stay well hydrated, or you never know what may happen, especially when one gets behind the wheel.
LENOXOLOGY ON THE WAY OUT? — No matter how much jam and butter you slather over it, “Lenoxology” is a stupid word. It’s a risible word. It’s a fatuous word. It’s even a worse concept. As a marketing strategy, though, “Lenoxlogy” befits a town that has woefully lost its bearings of late. The contract for The Big NYC Agency That Thought Up Lenoxology has expired (June 30). No word yet from the town fathers, mothers, aunts, uncles, select board, or manager that anyone wants to renew with Big NYC Agency. Lenox may find itself in no man’s land. If it plays aloha on the steel guitar for it’s Big NYC Agency, it will find itself with an orphaned campaign on the web and in print. Percy and Basil Smythe-Smythe, Lenox’s taxpaying equivalent to Mary Jane and Joe Kapanski of Pittsfield, own the word “Lenoxology.” THE STOOLEY wonders how much it would fetch on ebay.
The problem with this doomed campaign stems from there being too many mechanics in the garage. The marketing efforts for Lenox are in the hands of three competing groups, each one wanting to be the top banana and each too willing to claim “their” turf. The unholy three are the marketing and events committee, the board of selectman, and the chamber of commerce. On the “Discover Lenox” website that the Big NYC Agency designed, we see the unintentionally ironic words: “Open Your Senses.” That’s just the problem in Lenox these days: Not enough town bosses are open up their senses.
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GREAT WEBSITE SHARES HISTORY OF GE TRANSFORMERS
THE PLANET shares a website that will bring back waves of nostalgia for many who grew up in Pittsfield when the city was the transformer capital of the world. At its peak, nearly 14,000 men and women worked at General Electric, producing a product known the world over for its quality and performance.
http://www.ieeeghn.org/wiki/index.php/File:Blalock_-_page_86_(top).jpg
We were enthralled by the photographs and information. Most of the photos are in glorious black and white and have the patina of wistfulness. You might like it, too.
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END
“OPEN THE WINDOW, AUNT MILLIE.”
LOVE TO ALL.
They should have started with silver lake.
I always remember the stench of Silver Lake, driving by in my dad’s station wagon as a kid. I remember also those huge Silos across the street. I can remember the stench precisely – a very distinct smell.
Nothing like a good a good dose of PCBs filling your lungs in the morning.
I wonder how many people got ill and died from that and never even connected it to PCBs. I guess it made Pittsfield General/BMC and St. Lukes some good money.
The capping of PCBs, as opposed to the removal of them, troubles me the most. What does the best science say? What’s to prevent five feet of industrial toxins to leech into the aquifer underneath and get back into the river.
The EPA has written off the city’s ground water told us it could never be used
But can Silver Lake leech into the just cleaned portion of the Housy?
Also, I don’t know if rivers are fed by aquifers. But, everyone downstream of the cleanup has some reason to be concerned.
I have seen some rather rare water birds on Silver Lake and am in favor of cleanup.
Great picture Dan you look like a professor or somthing.
DV you’re a dreamboat!
I think the open parcel on North St. would be the perfect spot for the carousel. The location would bring a lot of people to the hub of commercial downtown. The space is centrally located to the most of the public parking facilities and in my opinion is a much more secure site than the Common. The city should step up to the plate, purchase the parcel and provide a long term rent free lease for the carousel. The price $399K seems like a bargin, compared to what they’ve blown on other projects. The intense artistic effort that went into creating the horses is incredible. Making a spot for the carousel in the center of the reconfigured streetscape, would demonstrate that Pittsfield supports arts of all types!
Excellent suggestion, but could operate in the harsh conditions of winter, or would it be covered for the season?
The current design for the carousel is for it to be housed in a building regardless of where that building is. It would not be exposed to the elements.
Would it be possible to use the walls of the adjacent buildings to support a simple gable roof system? That would leave only the front and rear walls to be constructed, which could be accordion or sliding barn type style. This would allow a feeling of openess and access from both directions, as well as much needed protection from the natural and human elements. I’m sure the doors and roof system could be made to look very attractive. Hey Dan, maybe we could even put back the marquee to add some old time nostalgia! Is there a local architect willing to vollunteer their services to refine a very affordable design.
Interesting idea. I wonder if there’s an architect or contractor out there who might weigh in on this idea. Sounds good, but would it work in practice?
Of all the scorn heaped on the laughable and patented Lenoxology, “risible & fatuous” takes the prize.
Heh, heh, heh – thanks for the chuckle, Dan.
This site is an oasis of reason and humanity,thanks.We did go to the Transformer website and experienced sadness as well as anger.From the storied and proud history of GE Transformer one cannot forget ,nor forgive the decision of a company and it’s heralded,”Most admired man in business”CEO to devastate a community by closing a profitable plant in the interest of more profit.Mr. Welch became a business icon and unfortunate role model due to his ability to factor out any consequence except financial gain.It is a soul wrenching commentary that Welch was able to redefine corporate success as the ability to disregard morality and humanity .Some comfort can be salvaged in the knowledge that Pittsfield Transformer Products still are employed in crucial locations throughout the world.We highly recommend the article and add another,”In the Wake of a Giant”,a brief summary of the Pittsfield plant closing by Max K. Hirsch.
pro
The whole idea of a corporation as an individual so that the ones at the top profit despite their negative impact on the areas they do business was in the works long before the likes of Jack Welch. I’ve always wondered what was so great about the man.
Back in the 70’s, Jack Welsh would go up to the bar at the GEAA on Friday afternoons. He’d get a few beers in his belly and tell anyone who cared to listen exactly what he was going to do to the local GE businesses, the unions, the workers and the CIty of Pittsfield. No one believed him and said the famous Pittsfield reply, “It’ll never happen”.
Well, sure as heck, Jack got his huge promotions and set it all in motion. The higher he went in GE, the worse he got.
SW
His business model and his attaining the position of CEO occurred simultaneously with the advance of high technology (HT). HT allowed machines to begin replacing people, which fit Welch’s model to a T. Unfortunately, many of the workers at GE didn’t believe Welch would do it. I remember my mom and dad, both proud GE retirees, telling stories of younger workers who, protected by the union, wouldn’t work. People would punch in and out for them on their time cards. People would fall asleep behind a machine in a tucked away place. There was little accountability.
Oh I’ve heard all about the 3d shift and the stealing of company equipment, etc etc. Don’t get me wrong, there were abuses that continued right up until the lights were turned out.
One of the central ideas put forth by Jack was OUTSOURCING. No need to carry the employees, just hire a company for a more or less fixed price. This idea got its root locally in the information technology field with a former computer operator convincing Jack that this was a great way to go. That lowly computer operator was a Mr. Geary.
Welch was one of the pioneers of the outsourcing trend. You get the service you need without the head count. Contractors do the work for a negotiated price, usually flat fee or retainer, and no benefit costs. Its a huge savings for the company, and it also puts dollars into the contractors’ businesses, which are usually in the private sector.
PROF & MARY ANN
Glad you went to that site. It’s the definition of wistful. Appreciate the kind words.
What about the insourcing trend? A new automobile assemble plant employs under 500 people where they used to employ 3000+.
Babe Ruth 15’s won last night, 4-3 in extra’s, and will play for the state title, I believe, on Wednesday in Worcester.Go get ’em guys.
Jim Thats great, good luck to them. And thanks Jim for some goods new.Its good to hear good news once in awhile.
Wonder what would Silvio Conte would have done about G E?
Sherman Baldwin would be proud of the Planet!
Dear Dan,
1) Congratulations on standing up for EVERY BODYS rights.
Mark Brennan should be ashamed of himself for representing such an unjust cause and callously uncaring”victim”
2) From a former “environmental worker” at GE. More toxins in just silver lake, than in ANY SUPERFUND site cleaned up to date.
That is the Doyle Divvlar and Welch legacy to Pittsfield
I am glad your website is getting some publicity, stay on this travesty and atrocity.
3) lenoxology, same GOBs/SOBs still running the show. I didn’t vote for one of the porcines
Why do you shake your fingers at the Nilan’s lawyer? Everyone has the right to consul in court.
Point taken and valid.
Even the swine at Nuremburg had representation.
However I did not take Attn. Brennan for a bottom feeder, whom would soil his reputation, with 20 pieces of silver from the Nilan clan.
The trangressions of the Nilans do not even make me think of those murderers in Europe.
And yes, even those individuals had lawyers. What would you want, a kangaroo court?
One more thing, 20 pieces of silver got more than 200 years of fame; Nilan vs Valenti will be cited for many years 😉
If I was a lawyer, would not want that on my resume
agree with Levitan
BHM
(1) Thank you. Only Atty. Brennan can say why he took the case, but I’ll say this for Mark — He’s a good attorney, and he did the best he could with absolutely nothing in his hand. Going against four aces, king high, that’s a tough road.
(2) Mayor Doyle let GE off the hook with the terms of the Consent Agreement. We shall stay on this case.
(3) Lenoxstupidology.
Why try to improve on a masterpiece. Lenoxology is perfect as it is. Says it all.
Here is how it likely came to fruition.
A: Take difficult project
B: Get yourself and client giddy and aim for the stars.
C. Focus on small easy projects, procrastinate
D. Get nervous, and procrastinate
E. Run out of time, pass job off to college intern (the cute one)
F. Take a company poll on the “best entry.” Winner gets a $50 Target card.
G. Send it off to the Patent office. Spend two weeks packaging it up with brochure samples, etc…
See, Dan, it is not easy nor fun for a commercial marketing firm to produce a slogan or trademark. We should lay off of them.
LEV
Gee and gosh, we didn’t know it was so difficult. No wonder The Big NYC Agency got the Big Bucks for its “masterpiece.” The agency’s only mistake is not soaking the suckers in Lenox town government more. They should have demanded double the price.
Were it not for the public ridicule and scorn, those burghers would still be waiting for the next brain-fart from those guys.
GE and Jack Welch left Pittsfield for dead. Literally! PCBs toxic waste pollution causes cancer in local residents. Capping toxic waste is a short-term solution. North Street still sucks. I would not want to be caught dead there.
JM: I agree with you here too. There are plenty in town with cold memories of him shafting this city and splitting town.
Jack Welch made himself and a lot of other rich people wealthy. I don’t know why the city is putting so much money into North Street. It is known as Social Services Alley.
You would know about the social services.
I do know about Social Services. Prior to receiving my Veteran benefits, I received food stamps and cash assistance benefits to survive. I used the money to pay my rent and buy food to eat. I don’t receive welfare assistance anymore because I now receive my Veteran benefits. I believe it is important to not be homeless and hungry.
That’s why those programs are there. I’m glad they were able to give your the help you needed.
Joe Blow,
It’s rather low to strike a man when he’s down.
Lets share the glory, filth and foul spoor!
The EPA, Mayor, FEDS, and State of MASSachusetts deserve part of the credit too!!!!
Unfortunately, that is how anyone stupid enough to venture downtown North Street is likely to be found there: dead.
HURDY
Downtown North Street is a scary place these days. At a large family picnic last week, the topic came up. None of the women said they would go there, except if they had no choice. They don’t feel safe. What a shame, and still no police foot patrols.
Really? I work downtown, ride my bicycle to work frequently, take my lunch breaks outdoors, patronize most restaurants and favor the diners. I bring my business to Yuri’s piano services, Ordinary Bikes, the British Food store sometimes, Valenti’s clothing, and more.
I’m far from dead.
…and never afraid, but that’s my weakness.
There is nothing to fear downtown. except all the yuppies taking a half an hour to parallel park their cars on North Street before they go to Mission.
Yes, I guess you could say that Jack Welsh “did a Meredith” on pittsfield, ran us into the ground and waltzed away, not caring a whit that we were broken and possibly dying. Wish we had the equivalent of the hero dog, Toby, to help save us.
Also, bravo, Dan & Company! Job well done and thank you! Could you possibly sue her to recoup your attorney’s fees, etc?
Jonathan, thank you for your service to our Country.
Agreed, Tito.
No shame in needing a hand, JM.
Isn’t anyone concerned that perhaps $ 399k could be better used to put the carousel at the Springside House where it would be surrounded by gardens in a natural setting. The Palace Park is a gateway to the Lichtenstein Center for Music and Art a gift to the citizens of Pittsfield by an unselfish Kitty Lichtenstein in 1983.
I was just on the discoverlenox web site. It saddens me that sooooo much money was wasted on this. 1)It still does not list all of the businesses in town. 2) desperately needs to be updated. Still has Fin listed and the British car show as upcoming. Logos of businesses aren’t on there. It just looks so unprofessional. At least 60 grand has been spent on this campaign.
Silver Lake, it should be spring feed so it can’t be capped. Water will be moving into the lake, so the ground water will not get PCBs. Water moving into the lake may keep the PCBs mixed in the lake.
lenoxology campaign was a disaster from the start, a case of the lenox rubes (slectmen and town mgr) thinking that by going to an expensive nyc agency, that would do the trick. Lenox got fleeced. Town management is the worst, and getting “worser.”